Collaborative law is a modern way of resolving disputed issues. It is an alternative method of dispute resolution that takes the matter out of the context of traditional litigation (position-based bargaining) and incorporates an interest-based negotiation model. The goal of the collaborative law process is to reach a resolution of all disputed issues that is [...]
I was reading a memoir by Amy Poehler and was moved by her chapter about apologies. The entire chapter just an apology written ‘from the head’ followed by one written ‘from the heart’. I found the contrast very powerful and wanted to share them here. To me, it exemplifies how the words you say, and [...]
As more people learn about the benefits of collaborative divorce, one of the most common questions that comes up is "How is collaborative divorce different from divorce mediation?" Divorce Mediation Divorce mediation is an alternative dispute resolution process (ADR) where a neutral third-party (Mediator) helps the spouses in reaching a resolution of all disputed [...]
Divorce is a time often fraught with worry and uncertainty. Many people experience an onslaught of conflicting and overwhelming emotions. Those things are true for adults who have at least some understanding and often somewhat reasonable expectations about what to expect. For children who are facing the process of divorce, it can be a [...]
If you are considering divorce in North Carolina, there is something you should know. It's a secret that some divorce lawyers might not want you to know. The secret is that only about 10% of divorce cases ever actually go to trial. The other 90% are settled. Unfortunately, these settlements often occur only after the [...]
There is no way around it. Divorce is hard. But let’s forget about the actual legal process of getting a divorce for a moment, and simply consider the circumstances leading up to it. Even when both parties have agreed to end the marriage, it can be a dreadfully painful experience. Many people have said that [...]
While collaborative law is a process where the parties agree to negotiate a mutually acceptable resolution of the disputed issues without going to court, each party is still represented by their own collaborative divorce attorney. Like divorce lawyers in traditional litigated matters, your family attorney will act as an advocate for your interests. They [...]
Even small businesses are complex entities, and when they are intertwined with a marriage, a split may dredge up layers of history and conflict. In any partnership, it is likely that there have been moments of tension, struggles for power, and disagreements. It is important to diffuse that pent-up tension and try to start a [...]
Splitting a business in divorce (or splitting a business under any circumstances) can be a messy business—but it doesn’t have to be. When spouses are guided through the collaborative divorce process by their attorneys mindfully, the end result can be incredibly transformative. But that is only if the process for separating and figuring out [...]
This is what Alec Baldwin would tell a friend whose marriage may be breaking up: “I try to tell people that, if they can, I say find a way that you can get into therapy and get into the collaborative divorce, you know, the dignified divorce because you are going to so regret if you [...]
Forbes Magazine recently published an article about a couple who went through a bitter divorce 25 years ago that split the family and split the family business. The wife got the company trade name and two stores. Husband got two stores and became his former wife’s fiercest competitor. They didn’t speak to each other. The [...]
If you are thinking about starting a business, whether with a family member, partner, by yourself or with multiple friends or family, there are some important things to do and think about as you get the business up and running. Here are some of those things, and remember, speak with an attorney to get specific [...]
Running a business can be stressful. If your business partner is your spouse, it can get even more challenging. A husband and wife team, Dave and Kathy, ran an event planning company I worked for soon after graduating from college. I always admired them for not only running their business well, but for maintaining a [...]
Savvy business owners include plans for what happens if a partner dies or wants to leave the partnership in their business formation documents. Married couples in business together are wise to make the same plans. There are three critical terms that married couples should consider including as provisions in their business formation documents. 1) A [...]
Guest Blog by Michelle Topal, MSW, LCSW The Impact on Children Separation and divorce is a difficult, painful process for everyone involved. It usually precipitates significant change and loss, and triggers in most people deep feelings of failure, lack of control, rejection and abandonment. Many things have been written about the impact the change to the [...]
It may seem unromantic to plan for the worst, but, like most unromantic things, it’s extremely practical. Forming a business with a spouse can be an incredible, invigorating experience; but it can also be stressful, fraying, and destructive to any relationship. It’s good to know all that going into it, and know that your business [...]
Thanks to increased longevity and better health, more seniors are able to enjoy second marriages. Despite this trend, the North Carolina legislature recently changed the law so that the right a spouse has to choose to take a portion of their deceased spouse’s estate instead of what they would receive under a will no longer [...]
An attorney friend of ours was recently engaged to be married. She’s had a thriving law practice for years, and she thought it would be prudent to have a prenuptial agreement to protect her law firm just in case there was ever marital discord in the future. Her husband-to-be had no problem with her keeping [...]
